neil: is this health care mess about to make democrats really sick? we might know tomorrow. welcome i am neil cavuto, there is a reason why the presidenta pivoting to other issues like immigration, and hiking minimum wage this week. this health care thing of his is looking weak, so weak some analyst say that president is trying to divert voters attention. whether it will do much to ease voter angst over the new laws is anyone's guess, your guess it will have mora more of an impaca

few crucial races tomorrow. to virginia. there are other royces and issues in new jersey about chris christie. how big a victory he might roll out, but tomorrow is first opportunity, we'll get of voters and whether after that health carrol out they are about to lit their anger out, to pollsters, kelly and chris with election eve vibes. >> if there is one week left in virginia day, kenley jansen ken cuccinelli had not lost his laye l.a. -- voiceg against obamacare, he might have won, he is lost in everyone climbing onboard of anti-obama

care train, i think it is having an impact. we were in virginia last week, and saw the race tightening. the point is that people are getting nervous now, to think virginia may be forced to comply with obamacare, they hear folks are losing he'l while insurancey don't top give a blank check on barack obama and terry mcauliffe. neil: you know, i am wondering, chris, if mcauliffe wins in virginia a lot of democrats would say that as spragu sometht would be a d'back ill, what do you think? >> we're talking about two different races. chris christie will go to a big victory. his message could have been, i'm

chris christie, and your not, he would have won. but it points not to a 2013 victory but a 2016 campaign run for president. back to cuccinelli race. to your point, this is a race that headed into a double digit loss for cuccinelli. and obama gave him a lifeline, you have seen it turn, cuc cuccinelli made that a major issue, pointing to not really tomorrow but to 2014, obamacare continues to spiral out of control, 60% of vothers saying -- voters, fox news poll, saying this a joke. that looks like 2014, and what christie is looking into 2016, cuccinelli was headed to a big loss before, but it made the race close.

neil: i'm wondering, too, kelly, if democrats survive and pick up a governor you know position in virginia, they could -- this is in worse of health care debate, hopefully they will stabilize next year in their view. >> they are wrong, it will are more damaging in 2014 than 2010 when they lost everything not nailed on the ground. scott brown's election, that december, january, then, losing congress. >> health care is that issue? >> health care, it was health care in theory, people, saying this will be the biggest takeover of something private in your life. now it is actually real. now you can see the names and faces of the people that are losing their health care, yesterday president obama was in virginia, he never mentioned obamacare, today joe biden is

there, he never mentioned obamaary obamacare, a required reading, yesterday, they laid out in a knew this obamacare could have never been implemented on time. they sat on the memo until after reelection, people figure that out, in mainstream they will be upset, they will think that something this importance was used as a political football. neil: in broader sense, do you think this will make american voters, more anxious about big government initiatives going forward? but that in future, givingause g government, and maybe about government period. neil: you look at, this is taken opponent care, and healthy --

obamacare, and health care, moved it from ahilosophical issue to a product call issue. as kelly said. you look at costs spirally out of control, people getting cut out of coverage. you see, people shut out by the system, backlash that will create into 2014, i think to echo who kelly ann said you will see this election more about big government, and more about liberalism and radical agenda of obama administration than 2010, they stumbled into something. what occurred with healthcare.gov site was so late in the election it may pull cuccinelli one a couple of points, not get him over the top. he was down, but now back to single digits, what it is going to do is cause people to take a step back, say i thought it was

a good idea but now, it is not helpful, it is hurting those people it was meant to help. you will see it have a greater impact on people that are traditionally swing voters. suburban women, younger voters, single, they wil will take a lot big government coming in 2014. neil: we'll watch, thank you. now we have chris stirewalt. this is what everyone is watching. that does this have legs? does this concern about health care law, and how sloppy it is. and how maybe devious it is. what do you think? >> this election, these two elections in new jersey and virginia are important, it is the start of the midterm cycle, 2014 does start tomorrow.

we'll be sifting through grand lar -- grand ular data and exit polls to see what the trend lines are, that is most important thing, what shape will electric at take for next year, if it takes shape it did in 2010 based on public attitude we know, shellacking that president talked about in 2010 is coming back again. neil: you can always come back from such asia lackey -- a shellacky as the president himself proved. but, other issues like immigration reform, and minimum wage, is he trying to degreg deflect a tension. >> i am sure he would like to but real, this is all consuming

this law and missed expectations will be important as the iraq war was for bush administration. there is going to be no getting around that, this is the dominant issue for barack obama as he finishes out his presidency, it will be the issue on which democratic party will be tested for this election. neil: to that point, a lot of democrats, say we'll sort this out, they hope -- >> oh. >> a year from now this is a less of a concern did you buy that? >> no, a year from now it will be worse, they delayed the employer mandate part of this, i know enough about business to know the real disruption in impeachment's healthy insurance -- in people's health insurance, a year from now, what will we be talking about? employers change their plans as

mantary coverage provision comes in that could be more disruptive, it will hit people where they live, mr. cavuto, if you mess with healthy chunk insurance you mess with moms, who decides in america? moms. neil: thank you, my friend, chris stirewalt. all right, we're in this all of this, beginning it were 8 night a.m., however it takes -- 8:00 p.m., we have big races, reaction from big three former governors, pataki and whitman, and wilder. we'll have early business apple ceo john sculley. and we will have herman cain. and foster friess. we'll also be solissists your reaction, you can tweet us. >> you think tomorrow's all

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neil: all this time i bet you have been focussing on how big a win this guy wracks up tomorrow, yo are missing something bigger than the gov. an item tucked in tomorrow's ballot to hike minimum wage by a buck. but to all but -- guaranteeing, inflation increases payinged to inplayinginflation, it stands ad chance of becoming law, just like it does in 4 other states which has our judge in state. >> people misunderstand. when employers are forced to pay low-en workers more than they believe they are work, they hire few, by raising the minimum

wage, the affect is almost always to increase unemployment. who loses? the poor, usually inner-city minorities. but when the minimum wage floats, when there is a voluntary between. er anthe employer and the emploe then there is more employment. that is the misconception of minimum wage. neil: but, most of all medium size business guys tell you their business does not keep up, why should they pay their people when they are barely you know scrapping it together. >> they go across the riverrer to pennsylvania, when you enshrine a minimum wage, pegged to inflation in the constitution, and the times change, you cannot change the constitution overnight, they will be saddled with it for a year. it takes a year to change that

constitution in new jersey, that is very bad policy to do this. i think it is wrong but i know they let them do that but -- the legislator would be powerless to readjust the minimum wage after they put it in constitution, it is tabulated by a bur bureaucra. neil: you think it is a beg leap. >> yes, problem with governor christie, he has not campaigned against it, he wants some people in favor of it to vote for him. neil: he thinks there are better ways to do it. >> which has a lot of small business people very unhappy. on eve of ha what will be a big victory. neil: he needs a big, big victory. >> polls get close the day

before election day. it depends on expectations, he is not going to win by 30%, but small businesses are upset he is not campaigning against this minimum wage increase for fear it will reduce his margin of victory, the long lasting effect of this minimum wage thing could be for generations to come. neil: wow, judge great seeing you again, andrew napolitano. >> cannot say i did not warn you, one of our twitter followers remembering, if more people had been watching team cue cue thecue cure theycavuto,n that obamacare was a problem months ago, not months but years. this is the quicksilver cash back card from capil one. it's not the "limit the cash i earnvery month" card. it's not the "i only earn decent rewards at the gas station" card. it's the no-games, no-signing up,

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neil: forget irs agents taking over your healthcare, how about your while insurance company dropping it, you hear, any of you guys with a great plan at work? don't worry you can keep your plan. why do we have to do anything. there is no harm done. this seems to say from budget chief. not so. maybe you won't be able to keep your doctor. the law is not in place, and a lot of companies, small businesses had to adjust. leary americans are not overwhelmed when they learn they have to switch doctors, settle for fewer options, you heard my warning again and again and again this whole process, major health care promise broken then, i said it then, i say it now.

you cannot keep your doctor with healthcare law. jesse jane, and emily. here to clash it out, jesse. things that sound too good to be true generally are. >> i agree. whenever somebody tells you, you get something for fry fry, you l have a high tab. this was in obamacare regulation, it was there, he has stated since 2009 up to 2012, oh, don't worry, you will not receive a cancellation thousand now we're sitting here looking at being lied to by president. neil: clearly, the nancy pelosis and others had a sense there would be bumps on the road.

so, i am wondering if knowing what he know now, about people who would be dislocated, full time workers becoming part time, and part-time workers losing all their time. >> i think americans were ready for a change in our health care system, the plan was not working for a lot of people. a lot of people were postponing going to the doctor, and by the time they went they were too far along to get covered. people were ready for a change, this is a change that came forward, a lot of the proposals, were just not serious. neil: do you think these changes, and this looks better than what they had. i could bicker with you on that. do you think that, this would have come as far as it did had

people known it would behalf of hassethassle that it turned out. >> look. you know, president should not have said you can keep your plan, he should have said most people. neil: it would judge never passed then -- it would have never passed. >> i think it would have. you can go to the exchanges. neil: and pay a lot more, a lot of people, there is ar guarantee you will have coverage, there is something there for you, you can transition to others, but by point is, pay through the nose for this. a lot of people folk, we have had them, they discover if they want to keep their doctor or plan, then they have to pay for

that. another reason, it would have never passed had they known that. >> there are family right now that are too high of an income brack it, their dedeckible is $13,000, it is indig nat to say you -- indignant to say you have other choices, we were told we could keep the choice we have. i was happy with my plan, the 14 million voters out there who are get to get cut, i guarantee they wobbly woul one probably nd the way they did. neil: emily, a year from now, is when some other stuff kicks in that that employer mandate, our last guest said that will be its

open kettle of problems. >> i think in this age of social media. this has been bumps in the road. people will hear from their friends and family. that is what is going on matter. were you able to get covered? were you able to go to the exchange and find a similar plan for a lower rate. that is what is going to matter, looking to a year from now, people will remember who brought this health care plan that is helping them. neil: we'll see, a bumpy ride we'll see. i think that government just found its head on a stick. why does it look like the government is one stuck? forget the fines, someone, find uncle sam a mirror, this tirade is killing jobs. fast. [ female announcer ] who are we?

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[ male announcer ] prilosec otc. one pill each morning. 24 hours. zero heartburn. neil: all right. latest example of companies. feds going after sac capital. hedge fund founded by steven cohen. with fraud charges. some question the size of the fines or whether the government is scapes blame for feeding the crises is fair. but atmosphere is not helping financial services industry. 49,000 have lost their jobs, rising interest rates, certainly has not helped but defense attorney randy zellen said a

witcwitch-hunt is hurting, theye laying off a lot of people. >> it is strange, if the people should not have been hired in the first place. i fall back to position if loans should never have been made, you never would have needed to hire these people to process the loan, that should not have been made, then you have to hire people to go after the people who are not paying on the loans that they should not have been given the first place, this means you must be doing your job right, and you don'tnese the extra people, this is screwed up. neil: all major premier financial institutions, and to hedge fund community now, targets big targets, not the government that goaded a lot of

them. but theme is. the same, to what end? >> funny, in my circles you call that a form of entrapment, i set you up, i doom you to fail, then i go after you, but when you make so much money it i is almot a cost of doing business. if i told you, you could make $8 million, but you have to give back $2.something million for being a bad boy, i think you would take that dealer day of the week. round and round, we encourage you to make loans you should not make, now you lay them off, it looks like it is bad, but government is cracking down. banking industry, you know, people who the bank exam inner

saying -- examiner saying, i think you will be okay. these people who really want that money, will payback to loan will never qualify because of the at fos atmosphere. neil: i always wonder where is the restitution for that. i know that the sac case is more about insider trading, and end result duping investors but where is this money going, how much is going to help me if i have been framed or help mortgage holder who was hood hoodwinked? >> first of all thank you for your comment. neil: true. >> that is -- neil: i would hire you, what do you huan make of that? >> restitution is actual thing that goes back to the victim. when a judge ordered restitution

to one person or a million people that money goes to the hands of the people who have been victimized. neil: does it? >> just because the judge cuts an order does not mean there is money there many people pay $25 a month or $50 a month on multimillion dollar restitution orders then you have forfeiterrure that goes to the government, to take profit out of crime, you can negotiate and have the fore figh forfeiture ts restitution. neil: who releases that money? >> there is an arm of the government, that is responsible for overseeing things like this, in addition, they are either on probation or on super visor release, once they are released they are also under supervision. if not restitution, it is not going back to the victims.

neil: amazing, randy thank you. >> all right. china all that and then some, not the chinese saying that, when i told you, a growing number of americans, americans, condition vined of that. -- convinced of that, that we're no longer all, that after this. plan plan so i can reach ally bank 24/7, but there are no branches? 24/7. i'm sorry, i'm just really reluctant to try new things. really? what's wrong with trying new things? look! mommy's new vacuum! (cat screech) you feel that in your muscles? i do... drink water. it's a long story. well, not having branches let's us give you great rates and service. i'd like that. a new way to bank. a better way to save. ally bank. your money needs an ally.

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that it is over? >> if is not over, but americans feeling this way, we see it every day, people are right, they see our government cannot function, our president lies routinely, at the time that putin is out harpooning whales bare-chested our president is out chatting with the girls on the view, people do not trust us. we cannot be believed, our credit is in doubt. our markets are in doubt, even though woo do have the strongests economy in the world, perception becomes real. neil: you are right about that, some people think like tv anchors are idiots, i just lost my place on the prompter. but i think what is amazes, how often people get this notion, whatever our ailments,

reflective of us losing everything, we're losing it quickly but we have not lost it yet. many what happens when it all does potentially hit the fan? >> that is the biggest problem you have a situation where government faces up to real problem, a president who willingly, eagerly gives away american power around the world, and guess running like a puppy dog, chasing a nuclear agreement with iran, those are the things that make people believe we're weak in every respect. and the fact that we have a wonderful economy, it is not so wonderful right now but it is not bad, neil. neil: i like to hang out with people who are mor more more bie

because i look like twiggy. i wonder, we by default tend to be a draw for capital because the rest of the world stinks by comparison. >> how often and how look en can we look to shade en fraud to power our economy. it u.s. is not really work very long. a house of cards. but this is the thing, shade en fraud is not oil or cash we need these things to power our economy, remember, neil, the engagengine of democracy has bee american economy since before world war ii. once that engine gasps for fuel

or air, we're in very big trouble. so is the rest of the world, people need to think about that, america is still a pretty good place to investment that is the thing we need to be saying, we don't hear that from the white house. neil: that makes you a great guest, jeff babbin. >> thank you. neil: well, 33 year ago today. "the gipper," he got the go ahead, and america would never be the same. this is the quicksilver cash back card from capital one.

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neil: this is proof, i am so old, i can remember this vividly, 33 years ago today, ronald reagan was elected in a landslide. fourt40th president of the unitd

states. >> i'm not frightened about what lies ahead, i don't believe that the american people are frightened by what lies ahead, i aim to try to tap that great american pier that the opened up -- spirit that opened up this undeveloped content from coast-to-coast, made it a great nation, suc survived several wa, and a great depression,. neil: you know that was such a landslide. the polls had not closed out west, and jimmy cartser just -- president reagan promising to tackle issues head on then. that was then. this is now. haley barber on lessons we have forgotten. former head of republican committee, former bofo governor

of the fine state of mississippi. you were key aide to ronald reagan too. i wonder, if you saw him come back today, and looked at the land scape today what do you think he would say. >> i was political director of white house for a couple years under president reagan, heavy stuff from a boy from mississippi, i have no out the he would say, we have to get things done, we can't sit here and not have budgets, not dial deal with fiscal problems, president reagan is most idealogical president of my life, most conservative, he was committed to getting things done, he compromid. the smallest democrat majority they had in the house, was about 50. but high made it his business to go out, get the democratic votes

he needed to get, unlike president obama, president obama refused to lead, he does not really try to do that reagan of so successful, because he understood that to get things done, he had to get democratic votes in the house, that meant he had to compromise on the reagan economic plan, social security. neil: that is a dirty word to a lot of republicans, where you know hatfields and mccoys, they say compromise is a dirty word, sort of sullies g.o.p. soul, what do you say? >> ronald reagan flew under bold colors not drippy pastels, he was committed to getting things done for the american people, he was an old union president, he knew how to negotiate, when he got the best deal he would get he took it.

neil: with this sort of rose-colored view of he and tip o'neill meeting in the white house, was it really that way or ronald reagan getting what he wanted and trying not to emare abouembarrass tip? >> there was a big democratic majority, but you still have conservative and moderate democrats in the house, unlike today where there are hardly any conservative democrats in the house, not many moderates. >> good point. >> reagan built around the guys that agreed with him, democrats who. did he realized he was not get to get everything he wanted, he was willing to compromise, and by the way, the way i remember it president reagan, said when a follow low agrees with you 80% of the time is your friend and allie, not a 20% traitor weaker % trait we have

to remember that, pits -- in mitt romney losing his 60 million votes. neil: are you going to run? you embody that reagan spirit. very congeneral. you get your way. successful terms as governor? >> well a high honor to be mentioned in same breath with ronald reagan, but no. i've had my last government job. i'm still very interested in our country, i have children and grandchildren, we need a president who will lead. we don't have that today. that is -- it is not divided government that is stopping the country, ronald reagan proved, so about dill clinton prove -- bill clinton prove, a good president that works to lead, can make that divided government work, reagan did it in spades. >> you are right, governor, not to plow smoke at you, but i

remember a certain hurricane, another state had to work in differences and argue, but, you had to work through the same thing, and night and day results that was then, this is now. tur, sir. >> thank you, neil. neil: all right, how do you say getting a bit too cocky, a bit too greedy, a bit too early in 140 characters or less, like some twitter suits are liking like twits. you really love, what would you do?" ♪ [ woman ] i'd be a writer. [ man ] i'd be a baker. [ woman ] i wanna be a pie maker. [ man ] i wanna be a pilot. [ woman ] i'd be an architect. what if i told you someone could pay you and what if that person were you? ♪ when you think about it, isn't that what retirement should be, paying ourselves to do what we love? ♪

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pop in the drum of any machine... ♪ ...to wash any size load. it dissolves in any temperature, even cold. tideod pop in. stand out. neil: you ever wonder whether twitter is worth the hype? twitter thinks so, upping its offer price from 23 to 25 bucks. now couple of garies on whether twitter is latest example on

whether twitter is too frothy, that would give valuation of company close to 16 billion. i don't need 140 characters to say wa what! >> right, twitter is a great company but twitter, the earnings are light. and you know, i think as we talk about last week, number of views persuer is going down, like a little twitter fatigue, it indicates what you said, mark market is frothy, sending a warning sign. neil: gary,k, what do you make of this? a lot of people say it learned its lessons from facebook. but kind of getting too piggy. >> realize, they would not d do

it, if demand by retail crowd was not there, there is for he is the worry not just with twitter, there are a ton of ipos, a ton of secondaries, ipos they are companies that lose money, some do not have sales, this is what happens at the end of a bull cycle. a lot of supply, and a lot of froth. but i think that market in okay shape but i would put these in file manager, they do not happen at bottoms. neil: what does that mean? >> they happen close to the top, i would beware i, i call it pick your poison, if you own ipos, check what they do, check their earnings, by the way, twitter does not have earnings they lose money. got to be careful. neil: all right, now, whether you door careful this holiday season, walmart, and other

retailers decked out for holidays. gary b, too early? or realizing never too seen? >> you know, from you know anecdotal view point it feels too early. but that is what market is saying, economy is slow. you need to get in front of the line first if you are a retailer, get those limited dollars. we saw it with macy's opening on thanksgiving day. the one in new york at least, i think we're really starting to see the cracks in the black friday, it is going to be a black from i guess o october to the end of the year. neil: i wonder, when they do this, do with the web, do they draw you away from the store, you give walmart the same aim of money but -- same amount of money just early on web site? >> well, they will get you one

way or the other. whether it is web or you go in. expect that what is happening here in simple. you have a year, unemployment still high, payroll taxes are up, you have all of the uncertainty out there these retailers are worried about how many dollars are out there to spend, competition is fierce, they -- i believe 6 less days for shopping. ♪ rock aby baby neil: you hear the music gary b? >> being you know right across from virginia, i'm watching you know virginia race between mcauliffe and cuccinelli, i think this is a mandate on obamacare. maybe if voters really, really care about obamacare. cuccinelli would squeak in, if they are ready to move on, then

mcauliffe probably wins in a landslide. >> i agree with gary b, that is the important race, new york city is a done deal, they are voting in a high-tax pr pro-government guy. and terry mcauliffe is campaigning on obamacare. i think that virginia is going democrat in a big way. >> that is happening. more and more of a blue state. >> it was a reliable for the g.o.p., now, just in really certain areas, very small or smaller areas, can the republicans count on it. neil: thank you very much. we' your reaction to this. you tweet we report. all big races and fallout, business reaction for john sculley. her man cain, foster frses, it

goes however late it takes, we're here, every step ofelissas next though. melissa: the jig is up. after a decades-long investigation by the feds, stevie cohen's giant hedge fund, sac capital is going down. it is every man for himself. who will get a life raft? melissa: it is survivor sac style. who is still in, who got out, just in the nick of time? now that a deal's been reached in the landmark insider trading case where does steve cohen and his top players go from here? it is all the word on wall street, let me tell you. with all the gritty